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An American Family History

Captain William Harbert

A society's legal system reveals much about it. A broad spectrum of behavior was considered criminal in Colonial Maryland and punishment was harsh.
Guardianship is when a court gives an adult custody of a child and/or the responsibility of managing the child's property. Before women could own property, guardians were appointed for their minor children if their husband died.
The first European settlements in Maryland were made in 1634 when English settlers created a permanent colony.

William Harbert (Heabeard, Herbert) was born about 1644 in Maryland. He was described as a gentleman.

In 1665 he patented Deviding Branch and in 1666 he patented Hard Travel in Calvert County, Maryland.

In 1680 he was called a carpenter in a lawsuit against William Lomax.

In 1696 he sold God's Gift.

From 1696 to 1697 he was on the William and Mary Parish Vestry.

In 1698 he bought Little Ease.

In 1699 he bought 100 acres of Clarke's Purchase.

His first wife was Mary Lovett. She was listed as his wife in Joseph Carnell's will in 1693 of which he was the executor. In the will, William Worrell was made his ward.

Their children may have included:
Catherine Harbert, and
Anne Harbert Dent ( 1691/92-1764) married Colonel George Dent.

A Biographical Dictionary of the Maryland Legislature 1635-1789 by Edward C. Papenfuse, et. al said he married Mary Sentel.

In 1694 he was appointed guardian of John, William, and Eliza Cheribub in John Cheribub's will. He was left the residue of estate in trust and was appointed the executor.

His second wife was Eleanor Pattison Angell. Eleanor was born about 1660. Her parents were James and Margaret Pattison. She was the widow of John Angell (Aingell, Angel). When her father died in 1698 she and William were the executors of his estate and his will named his grandchildren.

John and Eleanor's children included:
John Angell (1690),
James Angell (1691), and
Anne Angell Dent (1692).

William and Eleanor's children included:
Vitus Harbert (1693, married Winifred Tant),
Eleanor Harbert (1694),
Michael Harbert (1695),
Francis Harbert (1696),
Mark Harbert (1697),
Luke Harbert (1699), and
Matthew Harbert (1700, married Grace Hayden).

His third wife was Sarah Bonner. He was her 4th husband.

William was a justice in Charles County from 1700-1714 and in 1708 he served in the Lower House of the Charles County legislature.

In 1706 he bought 500 acres of Clarke's Purchase from the Lynes for 120£.

William and Sarah both died in 1718. They both lived well into their seventies.

He died in May. George Dent was the executor of William's estate.

Sarah signed her will on July 8, 1718. She died soon after at Bowles Plantation. Her next of kin were her step daughter's husband, George Dent, and her grandson, Douglas Gifford.
Bowles Plantation (Bowls, Bowlesley) was a plantation on the Potomac River near Pickawaxon Creek in Charles County, Maryland.
Sarah Bonner inherited it from
William Bowles who had inherited it from his father
Edward Bowles. Sarah left it to her son,
Joseph Douglas.
Old Style Calendar
Before 1752 the year began on Lady Day, March 25th,. Dates between January 1st and March 24th were at the end of the year. Old Style (O.S.) and New Style (N.S.) are used to indicate whether the year has been adjusted. Often both dates are used.

Piccowaxen Parish, Maryland was on Cobb Neck between the Wicomico and Potomac Rivers. It has been spelled as Pickawaxon, Pickiawaxen, Pickwaten, Pickwixon, Pykawaxen in Douglas family records. Christ Church Wayside was built there in 1692.The parish became William and Mary Parish.

Calvert County Maryland was originally part of Charles County. It was settled about 1650. It was called Patuxent County between 1654 and 1658.

As of 1692, Charles County, Maryland was divided into 4 parishes (7 hundreds): the lower and upper part of William & Mary Parish hundreds, the east and west side of Port Tobacco hundreds, lower and upper part of Nanjemy (later Durham) Parish hundreds, and the upper part of King & Queen Parish hundred.

Maryland was established with religious freedom for Catholics. The colonial economy was based on tobacco cultivated by Africans who had been enslaved.
 

divider

 
 

Cavaliers and Pioneers; Patent Book 6 page 36

James Hawley, 700 acs. N'umberland Co.,
7 June 1666. p. 132. On S. side of Potomack & head br. of Machoatick Riv., beg. at George Watts. Trans. of 14 pers:
Tho. Dutton,
Hump. Watkins,
Edward Taylor,
Ambrose Taylor,
Fran. Phillips,
Nich. Price,
Wm. Herbert
,
Tho. Morgan,
Arthur Sands,
Geo. Loe,
Saml. Porter,
Giles Walker,
Jno. Tomkins,
Rich. Seabofhe.

Marginal Note: "In this patt.. there was errors & is amended & recorded in folio 152."

The Potomac River flows into the Chesapeake Bay and is about 405 miles long.

 
 
 

Calvert County Circuit Court
Land Surveys and Condominium Plats

Deviding Branch, 360 Acres; Certificate
Developer/Owner: David Bowen and William Herbert 1665 Patent Record 8, p. 326 0 0
Maryland State Archives S 1583-458

Deviding Branch, 360 Acres; Patent
Developer/Owner: David Bowen and William Herbert 1665 Patent Record 8, p. 327 0 0
Maryland State Archives S 1583-459

Hard Travel, 300 Acres; Certificate
Developer/Owner: Hudlestone, Valentine and William Herbert 1668 Patent Record 11, p. 328 0 0
Maryland State Archives S 1583-720

Hard Travel, 300 Acres; Patent
Developer/Owner: Hudlestone, Valentine and William Herbert 1668 Patent Record 12, p. 115 0 0
Maryland State Archives S 1583-721

A land patent is an exclusive land grant made by the government. The certificate that grants the land rights is also called first-title deed and final certificate. In the United States, all land can be traced back to the original land patent.

 
 
 

Charles County, Maryland. Circuit Court, Liber K, p. 324
Jan. 8, 1683/4-Mar. 11, 1683/4

William Loxam vs. William Herbert of Charles County., carpenter, otherwise called William Herbert of Westmoreland Co., Va. Suit for 600 lbs. tobacco. Only the complaint is shown in this record.

 
 
 
Testis (Test) is latin for witness. Testes is the plural.

Maryland Calendar of Wills 2.248,

Carnell, Joseph, Piccawaxen, Charles. County,
16th Dec., 1693; 30th Jan., 1693-4.
To dau. Margaret at majority, and hrs.., 200 A., part of Dover also 2 tracts, viz., Hopewell and Batten Clifts.
To son-in-law William Worrell at majority, and daughter-in-law Mary Lovett alias Herbert, wife of Willam Herbert, sd land in event of death of dau. Margaret afsd . without issue.
Ex. Wm. Herbert, who is to have care of sd William Worrell during minority.
Test: Sarah Disrah, Cleborne Lomax, Robt. Yates.

In contracts and pleadings usually people and things mentioned before are designated by the term said (sd ) for clarity. Aforesaid (afd, afsd, aforesd ) means it was already mentioned.
 
 
 

Cheribub, John, Charles County,
6th Jan., 1694; 22nd Jan., 1694,
To wife Mary, ⅓ of estate.
Child., John, William, and Eliza:, to be in charge of William Herbert, who is appointed ex. and to whom is left residue of estate in trust,
Test: Catharine Croker., Jno. Beamont. 7. 9,

John Cherribib 13A.362 I Charles County £15,7.
4 Jan 1694
Appraisers: Thomas Dixon, John Gwyn.
Executor; William Herbert.

John Cherribib 13A.363 A Charles County £15,7A #6562
Payments to:
Dr. John Harrison,
Mr. Thomas Hussey,. Col, Warren, Mr, John Stone, Katherin Croker [Corker], widow Douglas, William Nicholls, Thomas Lee, Christopher Shodwell, Robert Taylor, Mr, Phillip Lynes,, John Rushwell, John Bradshaw.
Executor William Harbert,

 
 
 
 
 
Prince George's County, Maryland was created in 1696 from portions of Charles, and Calvert Counties. It was divided into six districts called hundreds: Mattapany, Patuxant, Collington, Mount Calvert, Piscattoway, and New Scotland. A part the county became Frederick County in 1748.

Prince George's County Land Records
Deed, 22 May 1696
From: William Herbert of Charles County, planter
To: Daniel Jenkinson [Jenkins] of Charles County, planter
Price: 9000 lbs. tobacco
Property: All the 285 acre tract called Gods Guift in Prince George's County, formerly in Charles County, on Piscattaway Creek on the north side of the main fresh running into Piscattaway Creek, bounding on an Indian field. Said land was originally granted to Richard Faulks of Charles County, deceased.

Signatures: William Harbert, Mary Herbert (mark)
Wit.: Josias Towgood, William Clarkson
Ackn'd: William Herbert and wife Mary, 22 May 1699 Recorded: 21 June 1701, Vol. A, p. 372

Planter is an archaic term for a settler. Plantation was a method of colonization where settlers were "planted" abroad. A plantation is also the kind of large farm that was the economical basis of many American Colonies and owners of these farms were also called planters.

 
 
 

Prince George's County Land Records Deed, 28 August 1698
From: William Harbert of Charles County, planter
To: Ffrancis Marbery of Prince George's Co.
Price: 4000 lbs. tobacco
Property: 500 acres, all of Little Ease in Prince George's County, formerly in Charles County, bounding on a tract called Thomas his Chance, and on Edward Price's land called Laset [Locust] Thicket
Signature: William Harbert
Wit.: Joshua Marshall, Ffrancis Wheeler, Jam. Wheeler
Ackn'd: William Harbert,
21 October 1698
Recorded: (no date), Vol. A, p. 175

 
 
 
 

Prince George's County Land Records, Deed, 24 February 1699
From: John Clarke, Robt. Clarke, Benj. Clarke, and Francis Clarke of Charles and St. Mary's Co.s, planters. [sons and grandsons of John Clarke]
To: William Herbert of Charles Co.
Price: 8,650 lbs. tobacco
Property: A 100 acre tract called Clarkes Purchase
in Prince George's County, on the north side of the main fresh of Mattawoman on St. Thomases Creek, commonly known as Notting;
adjoining land of Robt. Clarke
Signatures: John Clarke, Robert Clarke, Benjamin Clarke, and Ffrancis Clarke
Wit.: Phillip Hosskins, James Keech, Bridgeth Tandell [Fendell]
Ackn'd: John Clark and wife Elizabeth, Robert Clark, Benjamin Clark and wife Judith, and Francis Clark
24 February 1699.
Recorded: (date unspecified), Vol. A, p. 237

 
 
 
 

Annapolis Wills Liber 14, Folio 661.
Joseph Cornwell (Carnell) 26.108 A Charles County £173.9.9 £174.15.6
Nov 28 1706
Distribution to: James Tyer who married a daughter (unnamed) of deceased.
Executor: Mr. William Herbert.


Mister ( Mr.) was derived from master and Mrs. and Miss were derived from mistress. They indicated people of superior social status in colonial America.
 
 
 

Thomas Carney 33B.175 A Charles County £9.15.0 £5084
Dec 30 1712
The amount of the inventory is equivalent to £2,340.
Payments to: Philip Dowlen.
Administrator: Capt. William Harbert.

 
 
 
Personal property can be called personalty (personality), goods, chattels, articles, or movable property. It includes both animate or inanimate property.
A gentleman had no title, but descended from an aristocratic family, was of the landed gentry, and had a coat of arms.
Harbert, William, gent., Charles County, 9th May, 1715; 26th July, 1718.
To dau. Anne (wife of George Dent), 500 A., part of Clarke's Purchase, during life; after her decease to granddau. Rebeckah Dent and unborn child of dau. Anne afsd
To Jno. and hrs. (son of John Douglass, dec'd), 150 A., Harbert's Chance, and personalty.
Personal estate to wife
Sarah and George Dent, joint exs., equally.
Test: Sam. Hanson, Jno. Payne, Elizabeth Dollar. 14. 661.

Capt. William Herbert 1.281 Charles County £869.14.7
Jul 26 1718
Appraisers: Raphaell Neale, William Penn.
Creditors: Richard Done.
Next of kin: Joseph Douglass, Douglass Grifferd (Gifford).

Capt. William Herbert 2.233 Charles County £187.14.7
Jul 8 1719
Appraisers: Raphaell Neale, William Penn.
Next of kin: Joseph Douglass, Douglass Giffard (Gifford).

William Herbert 2.263 A Charles County £869.11.7 £74.8.8
Aug 6 1719
A second inventory is cited in the amount of £187.14.7.
Received from: Samuel Hanson, Stephen Cauley, John Pen, Nicholas Wroth, Richard Ratclif, John Ching, Richard Smith, James Smith, Abell Wakefield, Joseph Douglas.

Payments to: John Bruce, John Scrogging, John Floyd, John Colvin, Francis Lister, John Gardner, Gustavus Brown, George Bellows, William Bladen, Esq., Thomas Bordley, Esq., William Clements, Robert Hall, James Haddock, Samuel Hanson, Joseph Douglas.
Executor: George Dent.

Capt. William Harbert 3.31 A Charles County £74.13.7
Apr 16 1720
Received from: Steven Cawley, Ralph Falkner on account of William Robinson, James Stodert, Esq., Barton Hungerford, Richard Smith, William Oard, William Howard, Edward Loyde.
Payments to: Thomas Onell (O'Neale?), Norman Maccloud, Mr. Mathew Barns, Dr. Phillip Briscoe, Mr. Richard Gelldart, Thomas Douglas, Samuel Forson, Thomas Bordley, Esq.
Executor: George Dent.


William Harbert 5.232 A Charles County £8.1.0
Oct 19 1723
Payments to: Thomas Waughop, Patrick Connelly, Thomas Bordley, Esq., Phil. Lloyd, Esq.
Mentions: no orphans concerned.
Executor: George Dent.

American colonists continued to use British monetary units, namely the pound, shilling and pence for which £1 (or li) equalled 20s and 1s equalled 12d. In 1792 the dollar was established as the basic unit of currency.

Historically an esquire (Esq. or Esqr.) was the title of a man who ranked below a knight in the English gentry. Later it designated a commoner with the status of gentleman and was used by attorneys.

 

Maryland Genealogical Society Bulletin, Volume 25, Number 1, Charles County Probate Records, Inventories, Part I

William Herbert (Harbert), who witnessed the will of Penelope [Theobald] Land and was guardian of Elizabeth Scrogin (B1), was related to Joseph Douglas. A probate record pertaining to William Herbert on 26 July 1718 identified Joseph Douglas and Douglas Gifferd as next of kin. A probate record for Sarah Herbert on 26 July 1718 named Douglas Gifferd and George Dent as her next of kin.

 
 

 

 
 
 
In Colonial Maryland, the governor appointed justices to the county courts. Some of these justices were "Justices (or Gentlemen) of the Quorum" which meant that court could not be held without at least one of them being present.

A Biographical Dictionary of the Maryland Legislature 1635-1789 by Edward C. Papenfuse, et. al.

Harbert (Herbert), William (?-1718).
Born: perhaps in Maryland, of age by 1690.
Native: perhaps second generation.
Resided: in Charles County.
Father: perhaps William Harbert, who died in Calvert County, ca. 1679.
Married first, by 1690 Mary Sentel.
Married second, possibly Elinor, widow of John Angell; daughter of James Pattison, of St. Mary's County.
Married third, Sarah (?-1718), probably widow of both John Douglas (?-1705/6) and Ralph Smith.
Children:
Daughters: Ann, who married George Dent (1690- 1754); Catherine (1692-?).
Education, literate.
Religions Affiliation Anglican.
Occupational profile: planter.
Legislative Service: Lower House, Charles County, 1708A.
Local Offices: William and Mary Parish Vestry, Charles County, 1696-1697; justice, Charles County, 1700-1714 (quorum, 1708-1714).
Military service: captain, 1705.
Land at first election: ca. 1,574 acres.
Died: will probated on July 26, 1718.
Personal Property: tev £1,083.14.8 (including 9 slaves, 1 servant, and 18 books);
FB, £1,001.0.0.
Land, over 500 acres.
Identification problems: Career and origins uncertain; two other William Harberts lived in neighboring counties.

American colonists continued to use British monetary units, namely the pound, shilling and pence for which £1 (or li) equalled 20s and 1s equalled 12d. In 1792 the dollar was established as the basic unit of currency.
 
 
 

from Maryland Calendar of Wills, Volume 5

Herbert, Vitus, St. Mary's Co., 20th Feb., 1725;
14th Mch., 1725-6.
Fresh Pond Neck, New Ground and mill to be sold for benefit of estate.
To sons William, Vitus and Joseph, residue of real estate equally; shd. son Wm. prefer he may retain whole, paying to each of his bros. at age of 21 1500 lbs. tob.
To John Pine, mcht. of Dartmouth, Great Britain, and John Rhodes, of St. Mary's Co., personalty in payment of debts due them.
Wife Winifred extx.
Test: Nicholas Sewell, Jr., William Pearson, Daniel Baneey. 18, 497.

 
 
 
 
 
 

Brothers, Thomas and Cleborne Lomax,  emigrated to Maryland, Thomas before 1657. Thomas was a backer of Josias Fendall, who seized the government  in 1658, and during the Fendall experiment he was clerk of the court from January 1659/60 to November 1660. Thomas was an active merchant and attorney  in St. Mary's and Charles counties until his death in about 1680.

Fendall's Rebellion
In March, 1660 Josias Fendall attempted to overthrow the proprietary government of Maryland. It was a bloodless coup.

 

Bauman & Dreisbach
 
 
 

©Roberta Tuller 2017
tuller.roberta@gmail.com